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HomeMy WebLinkAbout166 - 12/21/2021 - APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE FORT COLLINS-LOVELAND WATER DISTRICT OV ORDINANCE NO. 166, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE FORT COLLINS-LOVELAND WATER DISTRICT OVERALL DEVELOPMENT PLAN ODP210001 WHEREAS, the Fort Collins-Loveland Water District ("FCLWD") headquarters office is located at 5150 Snead Drive and the campus ("Campus") upon which it is located consists of four parcels, 9601333901, 9601334901, 9601334902, and 9601300905; and WHEREAS, parcel #9601333901 is located in the General Commercial ("C-G") zone district, while parcels #9601334901, #9601334902, and #9601300905 are located in the Low Density Residential ("R-L") zone district; and WHEREAS, FCLWD submitted an Overall Development Plan,ODP210001, for the future expansion of the Campus, that proposes, among other things, the expansion and addition of accessory buildings associated with the office, including garages, and outdoor storage on the portions of the Campus located in the R-L zone district; and Wl IEREAS, the proposed accessory buildings associated with the office and the outdoor storage are not allowed uses in the R-L zone district; and WHEREAS, the Addition of Permitted Uses process set forth in Land Use Code ("LUC") Section 1.3.4 allows a use not listed in a particular zone district to be conducted on a particular property in such zone district if certain standards are met; and WHEREAS, for Addition of Permitted Uses applications in the R-L zone district, City Council is the decision maker by ordinance after considering a Planning and Zoning Commission ("P&Z") recommendation; and WHEREAS, in association with ODP210001, FCLWD submitted a Addition of Permitted Uses application to allow the proposed accessory buildings associated with the office and the outdoor storage uses in the portions of the Campus located in the R-L zone district ("FCLWD APU"); and V4'1 iEREAS, at its October 21, 2021, regular meeting, P&Z approved ODP210001 conditional upon City Council approving the FCLWD APU and P&Z unanimously (7-0 vote) recommended that City Council approve the FCLWD APU; and WHEREAS, pursuant to LUC Section 1.3.4(B)(2), the FCLWD APU proposed uses are listed as permitted uses in one or more of the City's other zone districts and are proposed based solely on unique circumstances and attributes of the site and development plan and are therefore eligible for consideration to be allowed through the Addition of Permitted Uses process; and -1- WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), two neighborhood meetings were held regarding the FCLWD APU with the first meeting held prior to the submittal of the development application on January 28, 2021,and the second meeting held on May 10,2021, after submittal of the development application and completion of the first round of staff review; and WHEREAS, LUC Section 1.3.4(C) sets forth the criteria, as further described below, that must be satisfied in order for Council to approve the FCLWD APU; and WHEREAS, on December 7, 2021, Council held a public hearing and considered the FCLWD APU in accordance with the LUC, either as part of the consent or discussion agenda and if considered on the consent agenda, a public hearing is deemed to have been opened and closed, with the only evidence considered being that set forth in the agenda item summary and the attachments thereto, including the staff report. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council, after considering the P&Z recommendation on the FCLWD APU, the agenda materials, and any relevant testimony, if any, hereby approves the FCLWD APU to add accessory buildings associated with the office and the outdoor storage as uses specifically limited to the portion of the Campus located in the R-L zone district. Section 3. That the Council, in support of its decision to approve the FCLWD APU, makes the following findings of fact: (1) The FCLWD APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such uses are appropriate in the R-L zone district. (b) Such uses conform to the basic characteristics of the R-L zone district and the other permitted uses in the R-L zone district. (c) The location, size and design of such uses are compatible with and have minimal negative impact on the use of nearby properties. (d) Such uses do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effects on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the R-L zone district. (e) Such uses will not change the predominant character of the surrounding area. (f) Such uses are compatible with the other listed permitted uses in the R-L zone district. (g) The FCLWD APU fulfilled the LUC requirement for two neighborhood meetings with the first meeting held prior to the submittal of the development application on January 28, 2021, and the second meeting held after submittal of the development application and completion of the first round of staff review on May 10, 2021. (h) Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code. (2) The FCLWD APU is not detrimental to the public good; (3) The FCLWD APU complies with the requirements and criteria contained in Section 3.5.1; and (4) The FCLWD APU does not propose uses specifically listed as prohibited in the R- L zone district. Section 5. That the Council approval of the FCLWD APU is based upon the development proposal described in ODP210001 and the associated Addition of Permitted Uses application. Any changes to the uses or to its location, size and design, in a manner that changes the predominant character of or increases the negative impact upon the surrounding area, will require the approval of a new Addition of Permitted Uses. Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 2021, and to be presented for final passage on the 21st day of December, A.D. 2021. or ATTEST: e Interim City Clerk -3- Passed and adopted on final reading on this 21 st day December, ND. 202 . ATTEST: Interim City Clerk oFFORTcO` aLORAO -4- Account#: FTC-003160 FORT-COLLINS ' Invoice Text J _ A , NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 STATE OF COLORADO COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same-is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 12/28/21 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Cleric Subscribed and sworn to before me,within the County of Brown, State of Wisconsin this 7th of January 2022. Notary Public Notary Expires VICKY FEL,TY Notary P u b I i G Legal No.0005063853 State of Wisconsin Ad#:0005063853 Affidavit Prepared P 0:ORDINANCE Hday,January 7,2022 11A3 am This is not an invoice #of Affidavits: 1 i r `� `#ofAf Affidavits: NOTICE IS HEREBY GIVEN that the Fort Collins City Council,an Tuesday, December 21,2021,passed and adapted the following ordinances an second reading. ORDINANCE NO.162,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CULTUR- AL SERVICES AND FACILITIES FUND FOR THE GARDENS ON SPRING CREEK ORDINANCE NO.163,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPRO. PRIATIONS AND AUTHORIZING RE- LATED ACTIONS FOR THE LINCOLN CENTER'S SHUTTERED VENUE OP- ERATORSGRANT ORDINANCE NO.164,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPRO- PRIATIONS AND APPROPRIATING PRIOR YEAR RESERVES FOR SUP- PLEMENTAL SNOW REMOVAL ORDINANCE NO,165,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2022 LARIMER COUNTY REGIONAL TRANSPORTATION CAPITAL EXPAN- SION FEE SCHEDULE ORDINANCE NO.166,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE FORT COLLINS-LOVELAND WATER DISTRICT OVERALL DEVELOPMENT PLAN ODP210001 ORDINANCE NO.167,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A TEMPORARY EX- CEPTION TO THE LAND USE CODE TO ALLOW T-MOBILE TO PLACE A TEM- PORARY WIRELESS TELECOMMUNICATION FACILITY AT 1800 EAST HARMONY ROAD TO REPLACE LOST WIRELESS SERVICE COVERAGE ORDINANCE NO.168,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2022 CLASSIFIED EMPLOYEE PAY PLAN ORDINANCE NO,170,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CHIEF JUDGE ORDINANCE NO,171,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2.581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY ORDINANCE NO.172,2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS TEMPORARILY SU- PERSEDING CITY CODE AND SET- TING THE COMPENSATION AND TERMS OF EMPLOYMENT OF THE INTERIM CITY MANAGER The full text of these ordinances can be found at http:1/fc90V.comlpubIicnatices or by calling the City Clerk's Office at 970.221.6515. 0005063853 Coloradoan Dec 28,2021 Account#}: RTC-003160)-)C FORT-COLLINS E w Invoice Text 0� NOTICE 1S l-IERFBY GIVEN that the Fort Collins City Couni STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMIR) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state:that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 12/1212i that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 12th of December 2021. r Notary Public Notary Expires 1/ C KY F i i Y Legal No.0005038994 Ad#:0005038994 Notary Public PO: State of Wisconsin Affidavit Prepared This is not an invoice Sunday.December 12,20:3:34 am #of Affidavits 1 CENT ER'S SHU7iERED�/ENUE QP OFT IE CODEt OF T11 FO C11`y y \ E RATORS GRANT RTCOLLINw� ,,NA SETTINGTHES kY10 ORDINANCE ND;164 2021' THE CHIEF JUDG , OF THE COUNCIL OF THE CITY DF 0RDINANCE NO 171 ' , 4 FORT COLLINS OF THE COUNCIL OF,T1E C� YF ` MAKING-.SU.PPLEMENTAL-APPR6 FORT COLLINS PRIATIONS AND APPROPRJATING gMENDING:SECTION 2-501 QF 1 H PRIOR YEAR RESERVES FOR SUP CObE OF'TH7 CITY QF PLEMENTAL SNOW REMOVAL FORTCOL'LINS AND SE71�G Y NE SALARY 0) T1lE CITY AT ONEY i ORDINANCE NO.165,2021 OF THE COUNCIL 017 THE CITY OF O`RDINg1tGE NO 172 021 FORT COLLINS OF THE COUNCIL OF THE GI 3 �F ADOPTIN.GFHE2022LAR[INER FpRTCOL`LIbiS TLMP,, RARIL�?'SUx COUNTYREGIONAL pER_SEM0.6'CITYCO EANLSSrT TRANSPORTATION CAPITAL EXPAN T1NG.THE COMPENSATION AN;D z i S10N FEE SCHEDULE 7ERl1hS OF EMpLOYMI"NT OF THE 6- ; INTERIM CITY MA1JRf�ER -� QRD[NANCEJ�Q 166,2021 j�, z OF THE COUNCIL OF•;THE CITY OF FORT COL1Ns The fullfioxfi of these ordlriance5 cbrrbe found at APPRQV:ING THE"'ADDITION OF , http/I#cgoy cbfnlpublitnotls P,ERMITT�ED-;USES o PSSOCIATEDr by dpllitt9 the Gity C[bNs Off3e0 ctt WITH THE 970 221 6515 FORT COLLINS LOVELAND WATER 0005030994 DISTRICT OVERALL DEVELOPMENT Calnradoon , PLAN ODP210001 D?celriber l2,2621 ORDINANCE NO 167,2021 OFT HE COUNCIL OF:THE CITY DF FORT COLLINS:, `AUTHORIZING.A TEMPORARY EX ;CEPTION TQ THE-LAND USECODE z TO ALLOW T MOBILE'TO PLACE A TEM PORARY WIRELESS rvo710E15WEREBYGIVEN',thotthe TELECOMMUNICATlONFACILITY' Fort COIIIns:City,COunci1 an;Tue'sday, . AT aBaO EAST HARMONY,ROAD TO December l;`2021,,passed and adopted REPLACE LOST W:IRELE55 SERVICE the folloWI69:ordindnces,on ficsfi ` _ COVERAGE reading, These ordinances will be pre _ sehfied for final passage on Tuesday De. ORDINANCE NO 1GS,202i cember21v2021 OF THE COUNCIL.OF THE CITY OF FORT COLLINS ORDINANCE NO 162 2021 ADOPTING THE 2022 CLASSIFIED OF THE-..COUNCIL OF.THE,CITY OF, EMPLOYEE'P71Y PLAN7. FORT COLLINS '- APPROPRIATING UNANTICIPATED' ORDINANCE NO 169,2021 GRANT REVENUE`IN THE CULTUR OF THE:COUNCIL,OF:THE CITY OF ; AND.FACILITIES. FORTCO,L.LINS FUND:FOR THE GARDENS ON AMENDIfJG'THE'CODE OF>.THE CITY SPRINGs'CREEK'; OF;FORT.COLLINS PERTAINING TO ADOPTION'OF THE'CL.ASSIFIED EM QRD.INANCE<NO 163,2021 PLOYEES P.AY PLAN=, OFTHE,COUNCIL:OF THE;CI7Y OP: FORT COLLINS ORDINANCE.NO 170,2021 IV4AKING'SUPP.L EMENTAL APPRO-. OF THE COUNCIL OF THE PRIATIONS AND'AUTHORIZING,RE-. "CITY`OF FORT;COLL:INS LATED ACTIONS FOR THE LINCOLN AMENDING'SECTION:2.606 'I i i i E i 1 i i i i E